Avoiding Predatory lending and mortgage fraud clauses in your contract

Be absolutely sure your contract DOES NOT allow your loan to be RE-SOLD OR
SERVICED BY A THIRD PARTY. This will get you into the hands of a predatory
lender perpetrating mortgage fraud. The following details procedures you may
take if it is already too late:

We are currently in the process of organizing a Class-Action-Lawsuit
against EMC MORTGAGE CORPORATION with the Lanier firm, the same firm who won
the recent Vioxx case. Please read all of the following to participate in
this lawsuit.

The "Seven Signs" of mortgage fraud are as follows:

1. Illegally recording timely payments as late, thereby imposing injurious
late fees.

2. Improperly refusing to accept monthly mortgage payments, resulting in
default and adverse credit reporting.

3. Paying property taxes late, and then charging the late fees to the
borrower.

4. Charging force-placed insurance when the homeowner already has coverage.

5. Disregarding qualified written requests under RESPA and related homeowner
complaints such as Cease and Desist orders.

6. Abusive treatment by customer service representatives and collection
attorneys.

7. Forcibly entering borrowers' homes.

A real verbatim testimony:

" I have been disputing areages emc has added to our payments for years to
no avail. they have payed our taxes as late as three years late and charged
us the intrest and fees when our taxes and insurance has been esscrowed
that put us in esscrow arrearages they hold our payments till after the 10th
of the month so they can add late fees they claim they pay almost double
what the tax office says they pay and add it to our escrow arreages we are
now being forced to either sell or file bankrupcy.I have writen letters
requesting my escrow be dropped and payed my own ins. payment wich got sent
back to me cause EMC payed it after i did and added it to my arrearages.
can you help us. do to EMC we are loosing every thing
sincerly, [name withheld] "

Actions you can take now:

1. First of all, you pay federal taxes for your
government to protect you from fraud -
but it has to be reported - lenders will continue to
victimize others if we don't file a complaint - make a
report here:

The FTC will increase their vigilance based on the
number of complaints, therefore we need your support
to file a complaint here. As I stated, you have
already paid for this government service so you should
get what's yours.

2. In addition, file a complaint with the TEXAS state
attorney general consumer crimes division. This is
also valuable and vital as the more complaints, the
more heat.


Following is EMC's info for the above reports:
EMC Mortgage Corporation
909 Hidden Ridge, Suite 200
Irving, TX 75038
800-695-7695
Website:


3. A.The Dept of Housing and Urban Development is also
funded with your tax dollars to watch over predatory lending. Make
sure you complain to them as well:

B. Since EMC Mortgage Corp is a subsidiary of Bear-Stearns,(
)
you need to complain to the SEC too. Demand some
action:

C. Send an email complaint to the consumer crimes division in Texas:
. Again, the more the better, so complain
to them and supply specifics.
D. Keep calling the Texas Attorney General, they are
supposed to come down on these cases. Keep calling until you
get some action. If you are harrassed,
pass the heat to where it belongs:

Public Information & Assistance
Consumer Protection Hotline
(512) 463-2100
(800) 252-8011 or (512) 475-4413 (in Austin)
(800) 621-0508

E. Any time you are harrased, pass the heat on
the people you have paid to protect you with your tax
dollars. Send a complaint to all of the above emails,
and keep sending complaints.

4. Correcting your credit report. They may have
sent improper default notices to your credit report; but if you
simply write the 3 major credit reporting agencies,
they must include your counter-remarks on your credit
report. Then, if anyone checks your credit, they will
see your defense and explanation.
Here are some links about correcting your
credit report and your rights. You can also sue them
directly with a civil lawsuit. Look up
credit/debt/bankruptcy/ and/or real-estate attorneys
in the yellow pages and ask for a free consultation
via phone.





5. Keep all your documentation and keep
a chronological list of all relevant events.

Feel free to pass this info on to anyone who may be affected.

Remember, however, that civil cases will make little difference in stopping
the company. We need to make the state and federal complaints to put this to
an end. In the meantime, an individual suit and a broader class action
lawsuit shall bring the quickest relief to you and similar victims.

If you believe you are a victim of mortgage fraud and would like to
participate in a class-action lawsuit, please send an email detailing your
complaint to: